OXFORD UNIVERSITY PRESS

Rescue of Business in Europe

ISBN : 9780198826521

Price(incl.tax): 
¥53,867
Author: 
European Law Institute; Bob Wessels; Stephan Madaus
Pages
1552 Pages
Format
Hardcover
Size
156 x 156 mm
Pub date
Oct 2019
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This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.

Index: 

PART I: INSTRUMENT AND REPORT OF THE EUROPEAN LAW INSTITUTE: BUSINESS RESCUE IN EUROPE
European Law Institute: Instrument of the European Law Institute: Business Rescue in Europe
PART II: PREVENTING AND RESOLVING CONFLICTS OF JURISDICTION IN EU CRIMINAL LAW
Bob Wessels and Stephan Madaus: Reporters' Notes to National Reports and International Recommendations
National inventory and normative reports by country
International Inventory Report

About the author: 

Bob Wessels is Professor Emeritus of International Insolvency Law at the University of Leiden (The Netherlands). He held that chair from 2007-2014. He has been Professor of Commercial Law at the Vrije University Amsterdam from 1988-2008. He has over 40 years of experience as an independent legal counsel and arbitrator, provided expert evidence for cases in Belgium, Greece, Ireland, Poland, Sweden, Switzerland, UK and USA, and acted as consultant to the International Monetary Fund and the World Bank. From 1987-2016 he has been a Deputy Justice at the Court of Appeal (The Hague, The Netherlands). He is a Fellow of the American College of Bankruptcy, member of the American Law Institute and the European Law Institute, Honorary Member of INSOL Europe and Chairman of the Conference of European Restructuring and Insolvency Law (CERIL). Since 2010 he has been Expert Counsel to the European Commission in matters of restructuring and insolvency.; Stephan Madaus is a Professor at Martin Luther University Halle-Wittenberg (Germany), where he teaches German, European and international insolvency law as well as contract and tort law. He is a member of the International Insolvency Institute and a Founding Member of the Executive of the Conference of European Restructuring and Insolvency Law (CERIL). In 2017 he was mandated (with two colleagues) by the German Ministry of Justice to evaluate the 2012 reform of the German Insolvency Code. He has published in prominent legal journals in Germany, Europe and beyond, including a treatise on the fundamental and doctrinal nature of rescue plans entitled Der Insolvenzplan.

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